(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Introduced February 26, 2013; referred to the
Committee on Education then Finance.]

A BILL to amend and reenact §18-9A-7 and §18-9A-8a of the code of
West Virginia, 1931, as amended, all relating to the school
aid formula; adjusting the foundation school program allowance
for transportation costs; restricting the ten percent
additional percentage allowance for alternative fuel vehicles
to school buses using compressed natural gas or propane;
adjusting the foundation allowance by reducing the maximum
allocation for regional education service agencies (RESA).Be it enacted by the Legislature of West Virginia:
That §18-9A-7 and §18-9A-8a of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:ARTICLE 9A. PUBLIC SCHOOL SUPPORT.§18-9A-7. Foundation allowance for transportation cost.
(a) The allowance in the foundation school program for each county for transportation shall be the sum of the following
computations:
(1) A percentage of the transportation costs incurred by the
county for maintenance, operation and related costs exclusive of
all salaries, including the costs incurred for contracted
transportation services and public utility transportation, as
follows:
(A) For each high-density county, eighty-seven and one-half
percent;
(B) For each medium-density county, ninety percent;
(C) For each low-density county, ninety-two and one-half
percent;
(D) For each sparse-density county, ninety-five percent;
(E) For any county for the transportation cost for
maintenance, operation and related costs, exclusive of all
salaries, for transporting students to and from classes at a
multicounty vocational center, the percentage provided in
paragraphs (A) through (D) of this subdivision as applicable for
the county plus an additional ten percent; and
(F) For any county for that portion of its school bus system
that uses as an alternative fuel such as compressed natural gas or
other acceptable alternative fuelpropane, the percentage provided
in paragraphs (A) through (D) of this subdivision as applicable for
the county plus an additional ten percent: Provided, That any county using an alternative fuel and qualifying for the additional
allowance under this subdivision shall submit a plan regarding the
intended future use of alternatively fueled school buses;
(2) The total cost, within each county, of insurance premiums
on buses, buildings and equipment used in transportation;
(3) An amount equal to eight and one-third percent of the
current replacement value of the bus fleet within each county as
determined by the state board. The amount shall only be used for
the replacement of buses. Buses purchased after July 1, 1999, that
are driven one hundred eighty thousand miles, regardless of year
model, will be subject to the replacement value of eight and
one-third percent as determined by the state board. In addition,
in any school year in which its net enrollment increases when
compared to the net enrollment the year immediately preceding, a
school district may apply to the State Superintendent for funding
for an additional bus or buses. The State Superintendent shall
make a decision regarding each application based upon an analysis
of the individual school district's net enrollment history and
transportation needs: Provided, That the superintendent shall not
consider any application which fails to document that the county
has applied for federal funding for additional buses. If the State
Superintendent finds that a need exists, a request for funding
shall be included in the budget request submitted by the state
board for the upcoming fiscal year; and
(4) Aid in lieu of transportation equal to the state average
amount per pupil for each pupil receiving the aid within each
county.
(b) The total state share for this purpose shall be the sum of
the county shares: Provided, That no county shall receive an
allowance which is greater than one-third above the computed state
average allowance per transportation mile multiplied by the total
transportation mileage in the county exclusive of the allowance for
the purchase of additional buses.
(c) One half of one percent of the transportation allowance
distributed to each county shall be for the purpose of trips
related to academic classroom curriculum and not related to any
extracurricular activity. Any remaining funds credited to a county
for the purpose of trips related to academic classroom curriculum
during the fiscal year shall be carried over for use in the same
manner the next fiscal year and shall be separate and apart from,
and in addition to, the appropriation for the next fiscal year.
The state board may request a county to document the use of funds
for trips related to academic classroom curriculum if the board
determines that it is necessary.
(d) The amendments made to this section during the 2008
regular session of the Legislature are intended to be temporary
while the transportation issue is further studied during the
2008-2009 nine interim period.§18-9A-8a. Foundation allowance for regional education service
agencies.
For the fiscal year beginning on July 1, 2006, and for each
fiscal year thereafter, the foundation allowance for regional
education service agencies shall be equal to sixty-three
one-hundredths percent of the allocation for professional educators
as determined in section four of this article, but not more than
$3,990,000$3,690,750. The allowance shall be distributed to the
regional education service agencies in accordance with rules
adopted by the state board. The allowance for regional education
service agencies shall be excluded from the computation of total
basic state aid as provided in section twelve of this article.

NOTE: The purpose of this bill is to restrict the additional
percentage allowance for school buses to those using compressed
natural gas or propane as an alternative fuel and to reduce the cap
on the foundation allowance for regional service agencies (RESA) by
7.5%.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.